
Victims report losses of thousands of reais; psychologist and lawyer explain warning signs and legal framework in the Penal Code
AI-generated summary
Sentimental fraud is not a specific criminal type in the Brazilian Penal Code, but it can be included in article 171 when there is obtaining an illicit advantage, harm to the victim and use of fraud. Since May 2026, with Law 15,397, formal representation of the victim is no longer necessary for the Public Prosecutor's Office to file a complaint.
In two of the cases, the victims reported losses of R$26,000 and R$30,000. To EPTV, a TV Globo affiliate, they explained that the relationships began with demonstrations of affection, compliments and plans to get married and have children and then came requests for money, promises of payment and threats during collections.
For psychologist Dariene Castellucci, this type of scam exploits needs common to any person, such as the desire to be loved, recognized and to build a relationship of trust.
According to the expert, the situation is not related to the intelligence or level of education of the victims.
"These scammers use legitimate human needs, such as being loved, belonging, being recognized and building trusting relationships. They do this mapping and understand what makes sense for each woman."
In Brazilian legislation, so-called sentimental embezzlement is not a specific crime, but the conduct can be classified as embezzlement, depending on the evidence gathered. The expected penalty is one to five years in prison and a fine. (understand below).
Fernando could not be reached to comment on the accusations. EPTV, a TV Globo affiliate, went to an address linked to him in Sertãozinho, but did not find him. No lawyer representing him was located until the last update of this report.
Fernando Vasco Fernandes, from Sertãozinho (SP), reported for alleged scam against women — Photo: Personal archive
Affect as an instrument of control
According to Dariene, those who carry out this type of scam observe each person's desires, weaknesses and expectations before building an apparently close relationship.
The psychologist states that affection starts to be used as an instrument of manipulation: the victim believes that they are helping someone with whom they have a relationship and that the money will be returned.
"This is not linked to the ability to think, reason or the level of education. We all have these needs and the desire to be loved. They use feelings to manipulate and control these women."
One of the complainants, a resident of Ribeirão Preto (SP), stated that she felt ashamed to tell her family what had happened. She says she transferred around R$13,000 via Pix and bought an iPhone worth approximately R$13,000, paid in 20 installments, after Fernando committed to paying the installments.
With debts, the woman said she turned to loan sharks and even tried to take her own life. After receiving help from a friend, she contacted the police.
Dariene reinforces that this type of manipulation can affect anyone and should not be attributed to the victim's lack of intelligence.
"This goes for anyone, for me, for you, for these women. It is not linked to the ability to think, to reason or the level of education."
In exchange of messages, engineer asks to be left alone when charged for iPhone payment Sertãozinho, SP — Photo: Reproduction/EPTV
What are the warning signs?
Exaggerated displays of affection right at the beginning of the relationship, intimacy built quickly and plans for marriage or children are among the behaviors that require attention, according to the psychologist.
"Intimacy is built very quickly and, above all, plans for a future together. Intimacy and trust, not just in romantic relationships, are built over the long term. Anything that is very intense immediately is already a warning sign."
In the reports presented to the police, the women claim that Fernando presented himself as an agronomist and farmer. He alleged problems such as theft, blocking of bank accounts and lack of money to release products.
One of the complainants kept audios in which he called her "love" while asking for amounts between R$250 and R$2,000. According to her, the requests were accompanied by the promise that the money would be returned.
Dariene states that a healthy relationship needs to allow refusals without pressure, threats or changes in behavior.
"Being financially responsible for someone is not a show of affection. A healthy relationship is established with limits, with space to say no and, above all, with our autonomy preserved."
Fernando Vasco Fernandes, from Sertãozinho (SP), reported for alleged scam against women — Photo: Personal archive
What does the law say?
Sentimental embezzlement does not appear under that name in the Penal Code. According to criminal lawyer Leonardo Pontes, these cases can be classified under article 171, when there is an illicit advantage obtained, harm to the victim and the use of fraud to induce or keep them in error.
"In Brazilian legislation, we do not have a specific criminal type called sentimental fraud. This can occur in article 171 of the Penal Code when someone obtains an illicit advantage to the detriment of the victim through a loving or trusting relationship."
The penalty for embezzlement is one to five years in prison and a fine. In electronic fraud, it varies from four to eight years, also with a fine.
Classification in the electronic modality depends on the way in which the crime was committed. The simple fact that two people met on a dating app does not automatically define electronic fraud.
The Penal Code provides for this modality when information from the victim or third parties is obtained through social networks, calls, emails, applications or other similar fraudulent means.
The penalty can also be increased if the criminal uses a server maintained outside Brazil or if the victim is elderly or considered vulnerable.
Since May 2026, a formal statement from the victim is also no longer necessary for the Public Prosecutor's Office to file a complaint for embezzlement. The change occurred after Law 15,397 revoked the section of the Penal Code that conditioned the process on representation.
"Before May, the victim needed to represent against those who committed the fraud. With the change in the law, this representation is no longer necessary, and the Public Prosecutor's Office can report it if it understands that there are elements", says the lawyer.
Voluntary transfer does not prevent fraud
In a civil decision in 2025, the Superior Court of Justice (STJ) understood that the fact that the victim voluntarily handed over the money does not rule out illegality when the transfer is the result of fraud.
In that case, a man had simulated a romantic relationship and convinced a woman to take out loans for his benefit. According to the court, the illusion created was decisive for her to hand over the money.
"The essence of the scam lies precisely in the illusion created. The victim pays voluntarily because they were deceived. Saying that they transferred or handed over the money because they wanted to does not, in itself, rule out fraud", explains Pontes.
The decision also differentiates the common expenses of a relationship from expenses caused by fraud. Gifts, dinners and trips, for example, do not automatically generate the right to a refund.
Loans, debts, purchases and other extraordinary expenses made for the exclusive benefit of the other person may result in compensation for material and moral damages, as long as the fraud is proven.
How to save evidence
In addition to the criminal investigation, the victim can go to court in an attempt to recover the money and ask for compensation.
To this end, Leonardo Pontes says it is important to preserve records of the relationship and financial transactions.
"WhatsApp conversations, bank transfers and messages via other applications are very important for the action to have solid support and to enable reimbursement", says the criminalist.
Among the evidence that can be presented are:
Conversations and audio sent by applications;
Proof of transfers and payments;
Card invoices and loan contracts;
Photographs and information about the profiles used;
Messages with promises to pay; and
Records of charges and possible threats.
According to the complainants, Fernando changed his behavior when he was charged. A woman claims he became rude and made mention of a supposed police officer to intimidate her.
Another presented an audio in which the man said he would not be arrested because he had higher education and that he would not return the money. g1 was unable to independently confirm that the voice in the recording is Fernando's.
The reports and materials gathered by the women were forwarded to the Civil Police. The circumstances of each case are still being investigated.
Videos: Everything about Ribeirão Preto, Franca and the region
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AI outlook — possibilities, not facts
The Public Prosecutor's Office may file a criminal complaint against Fernando Vasco Fernandes based on the elements gathered by the Civil Police.
Likely · Within weeks
Victims may file a civil lawsuit to seek compensation for material and moral damages.
Possible · Within months

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